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HomeMy WebLinkAbout2008-116 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008 -116 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Road Savers 2000 Ltd., Toronto, Ontario for the Crack Sealing Programs, Various Locations. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Road Savers 2000 Ltd., Toronto, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 23rd day of June, 2008. By-law read a third time and finally passed this 23rd day of June, 2008. I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARlNGTON PURCHASING DIVISION ROUT AND SEAL CRACK REPAIR TENDER NO. CL2008-20 I I I I I I I I I I I I I I I I I I I AGREEMENT THIS AGREEMENT made in quadruplicate BETWEEN: ROAD SAVERS 2000 LTD. of the Regional Municipality of Toronto and Province of Ontario hereinafter called the Contractor THE PARTY OF THE FIRST PART - and- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the Purchaser THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. Page I of 3 I I I I I I I I I I I I I I I I I '. I DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Rout and Seal Crack Repair, Tender No. CL2008-20, Municipality of Clarington SCHEDULE (A) SCHEDULE (B) SCHEDULE (C) GENERAL CONDITIONS STANDARD TERMS AND CONDITIONS CONTRACTOR'S SAFETY - POLICY, PROCEDURES, HEALTH & SAFETY PRACTICE FORM SCHEDULE (D) SCHEDULE (E) SCHEDULE (F) SCHEDULE (G) SCHEDULE (H) SCHEDULE (I) SCHEDULE (1) SPECIFICATIONS MAPS PRICING SCHEDULE BONDS INFORMATION SHEETS QUESTIONS FOR CLARIFICATION ADDRESS LABEL All Plans and Documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before July 25, 2008, IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns ofthe Contractor and on the heirs and successors of the Purchaser. Page 2 of 3 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor: ROAD SAVERS 2000 LTD. in the presence of ) ) ) ) ) ) ) ) ) ) ) d~:JJ(1Jc~ OU11P J J J-t;o g Date (J SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON in the presence of P:\Dept 42\42-65 106-12\Specs\CLl008-20-AGR.doc ! S?~~ ) Date :..J U'l e J 2..c.:o& ) ) ) ) ) ) i DateJune 3q Z.Ou~ ----.- - "- Page 3 of 3 I I ClW:-!lJ-glOn I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION CONTENTS: SCHEDULE (A) SCHEDULE (B) SCHEDULE (C) SCHEDULE (D) SCHEDULE (E) SCHEDULE (F) SCHEDULE (G) SCHEDULE (H) SCHEDULE (I) SCHEDULE (J) CLOSING TIME & DATE NOTICE TO BIDDERS TENDER CL2008-20 ROUT AND SEAL CRACK REPAIR GENERAL CONDITIONS PAGE3-6 STANDARD TERMS AND CONDITIONS PAGE 7 -15 CONTRACTOR'S SAFETY - POLICY, PROCEDURES, HEALTH & SAFETY PRACTICE FORM PAGE 16 - 23 SPECIFICATIONS PAGE 24 - 27 MAPS PAGE 28 PRICING SCHEDULE PAGE 29 AGREEMENT TO BOND PAGE 30 INFORMATION SHEETS PAGE 31 - 32 QUESTIONS FOR CLARIFICATION PAGE 33 ADDRESS LABEL PAGE 34 2:00:00 P.M (LOCAL TIME) WEDNESDAY, MAY 14, 2008 ANYONE DOWNLOADING THIS DOCUMENT AND WISHING TO SUBMIT A BID MUST ENSURE THAT THEY HAVE REGISTERED WITH PURCHASING. BY REGISTERING, YOU WILL BE ADDED TO THE BIDDERS MAILING LIST AND WILL RECEIVE ANY ADDENDUM THAT MAY BE ISSUED WITH RESPECT TO THIS DOCUMENT. FAILURE TO REGISTER MAY RESULT IN YOUR BID BEING DISQUALIFIED TO REGISTER, PLEASE COMPLETE THE REGISTRATION FORM LOCATED ON THE MUNICIPAL WEB SITE. ADDENDUM INFORMATION ALTHOUGH WE WILL ATTEMPT TO FAX ANY ADDENDUM TO THE REGISTERED BIDDERS FOR A PARTICULAR BID, ALL BIDDERS ARE TO NOTE THAT ANY ADDENDUM(S) TO ANY TENDER/FORMAL QUOTATION WILL BE POSTED ON THIS WEB SITE. IT IS THE BIDDER'S RESPONSIBILITY TO CHECK THIS WEB SITE OFTEN FOR ANY ADDENDUM. TO FIND THE ADDENDUM(S) FOR ANY PARTICULAR BID, PLEASE CLICK ON REGISTER TO BID AND ENTER USER NAME AND PASSWORD. ONCE YOU CONFIRM YOUR VENDOR INFORMATION, YOU WILL BE FORWARDED TO THE PAGE WITH THE ORIGINAL BID DOCUMENTS AND ANY ADDENDUM(S). I I I I I I I I I I I I I I I I I I I Page 2 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR BID SUBMISSION TENDERS MUST BE TIME-STAMPED AT THE ABOVE NOTED LOCATION TO BE CONSIDERED. LATE SUBMISSIONS WILL NOT BE ACCEPTED AND WILL BE RETURNED UNOPENED WITHOUT EXCEPTION. THE USE OF THE MAIL OR COURIER SERVICES FOR DELIVERY OF A TENDER WILL BE AT THE RISK OF THE BIDDER. THE TENDER MUST COME INTO THE POSSESSION OF THE ABOVE-MENTIONED REPRESENTATIVE OF THE MUNICIPALITY BEFORE THE DEADLINE FOR SUBMISSION OR THE TENDER WILL BE RETURNED TO THE BIDDER UNOPENED. IN THE EVENT THAT THE TENDER IS HAND DELIVERED AND IS RECEIVED PAST THE DEADLINE FOR SUBMISSION, THE TENDER ENVELOPE WILL BE TIME STAMPED AND RETURNED UNOPENED TO THE DELIVERER IMMEDIATELY. IN THE EVENT THAT THE TENDER IS RECEIVED BY A MEANS OTHER THAN 'IN PERSON' AND IS RECEIVED PAST THE SUBMISSION DEADLINE, IT WILL BE TIME STAMPED AND RETURNED UNOPENED BY COURIER. NOTE: SINCE TENDERS MUST BE SUBMITTED IN A SEALED ENVELOPE, SUBMISSIONS BY FACSIMILE OR ELECTRONIC DELIVERY, SECURED OR OTHERWISE, ARE NOT ACCEPTABLE. THE ONUS UNEQUIVOCALLY REMAINS WITH THE BIDDER TO ENSURE THAT TENDERS ARE DELIVERED TO THE MUNICIPAL CLERK, CLERKS OFFICE, 2ND FLOOR, BEFORE THE DEADLINE FOR SUBMISSION, IN ACCORDANCE WITH THE SUBMISSION INSTRUCTIONS. REQUESTS FOR ADJUSTMENTS TO SUBMITTED TENDERS BY TELEPHONE, FAX OR ELECTRONICALLY WILL NOT BE CONSIDERED. THE MUNICIPALITY SHALL NOT BE LIABLE FOR ANY COST OF PREPARATION OR PRESENTATION OF TENDERS, AND ALL TENDERS AND ACCOMPANYING DOCUMENTS SUBMITTED BY THE BIDDER BECOME THE PROPERTY OF THE MUNICIPALITY AND WILL NOT BE RETURNED. THERE WILL BE NO PAYMENT TO BIDDERS FOR WORK RELATED TO AND MATERIALS SUPPLIED IN THE PREPARATION, PRESENTATION AND EVALUATION OF ANY TENDER, NOR FOR THE CONTRACT NEGOTIATIONS WHETHER THEY ARE SUCCESSFUL OR UNSUCCESSFUL. THE MUNICIPALITY, ITS ELECTED OFFICIALS, EMPLOYEES AND AGENTS SHALL NOT BE RESPONSIBLE FOR ANY LIABILITIES, COSTS, EXPENSES, LOSS OR DAMAGE INCURRED, SUSTAINED OR SUFFERED BY ANY BIDDER, PRIOR OR SUBSEQUENT TO, OR BY REASON OF THE ACCEPTANCE, OR NON-ACCEPTANCE BY THE MUNICIPALITY OF ANY TENDER, OR BY REASON OF ANY DELAY IN THE ACCEPTANCE OF ANY TENDER. BIDS NOT SIGNED WILL BE REJECTED BIDS MUST BE TYPED OR IN INK ERASURES OR NOTICEABLE CHANGES MUST BE INITIALLED BY THE BIDDER BIDDERS MUST NOT INCLUDE RESTRICTIVE OR CONDITIONAL STATEMENTS TO ALTER THE FORMAT OR INTENT OF THE TENDER THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED * TENDER OPENING MEETING IS SCHEDULED TO TAKE PLACE AT 2:15:00 PM AFTER THE CLOSING TIME AND DATE, IN MEETING ROOM #1, MAIN FLOOR, 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO, AND INTERESTED BIDDERS ARE INVITED TO ATTEND. THE TENDERS MUST BE RETURNED ON THE FORMS PROVIDED AND IN THE ENVELOPE SHOWING THE FIRM NAME, TENDER NUMBER AND TENDER NAME OR BY USING THE ADDRESS LABEL ATTACHED TO THIS TENDER. ISSUED BY: JERRY BARBER, cr.p.o. PURCHASING MANAGER TELEPHONE 905-623-3379, EXT. 402 SANDRA MCKEE, C.P.P. BRIGITTA HARRIS SENIOR BUYER BUYER 1 EXT 401 EXT 250 I I I I I I I I I I I I I I I I I I I Page 3 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE (A) GENERAL CONDITIONS SCOPE OF WORK: The contractor shall provide all labour, equipment, materials, preparation and supervision necessary to complete the contract. INQUIRIES: Inquiries concerning General Conditions shall be directed to: Jerry D. Barber, CP.P.O. Purchasing Manager (905) 623-3379, extension 402 Inquiries concerning Specifications shall be directed to: Ron Albright, P.Eng Tollen Sims Hubicki Associates Project Engineer (905) 372-2121 No claim will be allowed for lack of description, conditions or facilities in this specification. QUALITY AND WORKMANSHIP: The workmanship and quality of materials and labour shall be first class in every respect, and will be subject to approval by the Director of Operations or his designate. PRICES: Tenders shall be open for acceptance for a period of ninety (90) days after the closing date. After this time elapses, the tender may only be accepted with the consent of the successful bidder. Prices shall remain firm for the duration of the contract. This tender covers the Municipality's crack sealing requirements for the 2008 period with the Municipality of Clarington reserving the option to extend the contract for a second and third vear provided the supplier's performance, quality and completion of the work is satisfactory, proposed pricing for the subsequent year is acceptable to the Municipality, and budget approval is received from Municipal Council. Quantities for subsequent years should be similar to this year but will be subject to budget approval. Prices shall be held firm for the first year of the contract, with the Municipality having the option to accept or reject price increases for the second and third year. I I I I I I I I I I I I I I I I I I I Page 4 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE (A) GENERAL CONDITIONS (continued): If a price increase is proposed by the supplier, it must be submitted in writing to the Municipality no later than60 days prior to the expiry date of the current year and shall include all relevant costs and CPI Factors obtained in accordance with Statistics Canada figures, Consumer Price Index - All Items Ontario at January of the previous year, which must be used in calculating overall price changes. The Municipality will accept or reject the proposed price increase within 30 days. Any proposed price changes for the second year shall be based on the following: (i) For products, materials and equipment; the supplier's actual price increases or decreases throughout the first year, comparing similarly valued purchases. ~ For services; be limited to annual inflationary chan es for previous 12 month period, as determined by an appropriate CPI factor. For contracts covering a combination of products, materials, equipment and services, the above pricing mechanisms shall apply, in ratio to the value of (a) pro~ucts, materials and equipment and (b) services. The proposed pricing for the second and third year, if <jccepted, will be held firm for the corresponding year. (Ii) (iii) (iv) Further, the Contractor shall be prepared to submit to the MLlnicipality, upon request, supporting documentation verifying the changes in the supplier's costs throughout the first year. I I SALES TAX: Any applicable Provincial Sales Tax to be included in the prices bid. The Federal Goods and Services Tax to be shown extra where indicated on the pricing schedule. PAYMENT AND QUANTITIES: Payments will be made based on the unit prices tendered, as measured by the Municipality of Clarington in conjunction with the contractor on the completed paving. INSURANCE: The successful contractor will indemnify and save harmless the Corporation of the Municipality of Clarington from all loss or the payment of the sums of money by reason of all accidents, injuries or damages to persons or property that may occur in connection therewith. A certificate of liability insurance (third party) must be provided to the Municipality of Clarington, in the amount of $3,000,000.00 (three million dollars). Any damages to any or all properties as a result of the work performed by the contractor, will be repaired at the expense of the contractor to the satisfaction of the Director of Operations or his delegate. I I I I I I I I I I I I I I I I I I I Page 5 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE (A) GENERAL CONDITIONS (continued): WORKPLACE SAFETY AND INSURANCE BOARD: The contractor shall maintain coverage and pay all assessments under applicable Workplace Safety and Insurance Board (WSIB) legislation and regulations. A Certificate of Clearance to be submitted prior to commencement of contract and may be requested at any time during the contract. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be the essence of this Contract. For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC1.06. (2) Progress of the Work and Contract Time The Contractor shall complete the works of this Contract as defined in GC1.06 of the General Conditions in its entirety by July 25"', 2008. If the contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no add~ional compensation will be allowed therefore. BID I TENDER DEPOSIT: All tender submissions shall be accompanied by a Bid Deposit in the form of a certified cheaue, bank draft, money order or cash, payable to the Corporation of the Municipality of Clarington in the amount specified in the table below: TOTAL AMOUNT OF BID MINIMUM DEPOSIT REQUIRED $20,000.00 or less $1,00000 $20,000.01 to $50,000.00 $2,000.00 $50,000.01 to $100,000.00 $5,000.00 $100,000.01 to $250,000.00 $10,000.00 $250,000.01 to $500,000.00 $25,000.00 $500,000.01 to $1,000,000.00 $50,000.00 $1 ,000,000.Q1to $2,000,000.00 $100,000.00 $2,000,000.01 and over $200,000.00 NOTE: Bid bonds issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Treasurer will be accepted for tenders valued over $50,000.00. Bid deposit must be enclosed in the envelope with your tender. I I I I I I I I I I I I I I I I I I I Page 6 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE (A) GENERAL CONDITIONS (continued): All tender bid deposits will be returned to the respective bidders within ten (10) days after the Tenders have been opened except those of the two (2) low bidders, which shall be retained by the Municipality of Clarington until the successful bidder has executed the Contract. SAFETY: The Contractor shall obey all Federal, Provincial and Municipal Laws, Acts, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Contractor's obligations under this Contract. SUB-CONTRACTING: The whole or any part of the contract arising from this tender/quotation may not be assigned without the written consent of the Director of Operations or his designate. STAFFING: The successful bidder for this work shall have had previous successful experience and the contractor's crew shall be under the supervision of a competent and experienced foreman. VISITING THE SITE: Tenderers are expected to arrange and schedule visits to all locations and make themselves familiar with all particulars involved. No claim will be allowed for lack of description, conditions, specifications and facilities referred or associated with this tender. I I I I I I I I I I I I I I I I I I I Page 7 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "B" STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality - The Corporation of the Municipality of Clarington, its successors and assigns. Bidder - The person, firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid - An offer by a Bidder in response to the document issued by the Municipality. Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the company, which are subject to the Contract. 2 SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #2006-127 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to retum the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. I I I I I I I I I I I I I I I I I I I Page 8 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "8" STANDARD TERMS AND CONDITIONS (continued) 3. CONTRACT The contract consists of the documents aforementioned as defined in Section 1, Definitions, Contract. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and su~able for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidde~s standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefore. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby or the particulars of the delivery ticket or piece tally thereof. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. I I I I I I I I I I I I I I I I I I I Page 9 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "8" STANDARD TERMS AND CONDITIONS (continued) 7. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contract. Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. I I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Page 10 of 34 Tender CL 2008-20 ROUT AND SEAL CRACK REPAIR SCHEDULE "B" STANDARD TERMS AND CONDITIONS (continued) The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be finaL Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be finaL 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfil the Company's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be govemed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. I I I I I I I I I I I I I I I I I I I Page 11 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "B" STANDARD TERMS AND CONDITIONS (continued) The placing in the mail or delivery to the Bidde(s shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregards statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; Ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). 18. CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. I I I I I I I I I I I I I I I I I I I Page 12 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "B" STANDARD TERMS AND CONDITIONS (continued) 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absoiute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB - Workplace Safety Insurance Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an "Independent Operator". Upon request by the Municipality, an original Letter of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. For Independent contractors I Owners I Operators who do not have WSIB coverage, the following shall be provided upon request by the Calling Agency: I I I I I I I I I I I I I I I I I I I Page 13 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "8" STANDARD TERMS AND CONDITIONS (continued) Single Independent Contractors / Owners / Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, contractors must complete the form "Determining worker/Independent Operator status", issued by the Workplace Safety & Insurance Board. (For more information, please contact your local Workplace Safety & Insurance Board Office and refer to this clause.) Single Independent Contractors / Owners / Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage. The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the municipality prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in- Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. I I I I I I I I I I I I I I I I I I I Page 14 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "8" STANDARD TERMS AND CONDITIONS (continued) Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made there under, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipaiity relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Materiai Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts reiating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPAl All correspondence, documentation, and information provided to staff of the Municipality of Ciarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act. Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. I I I I I I I I I I I I I I I I I I I Page 15 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "8" STANDARD TERMS AND CONDITIONS (continued) 32. CRIMINAL BACKGROUND CHECKS "The successful service provider covenants and agrees to provide the Municipality of Clarington, or such other entity as the Municipality may designate, with written consent to perform a criminal background check including Criminal Code (Canada) convictions, pardoned sexual offences, records or convictions under the Controlled Drugs and Substances Act, Narcotics Control Act and Food and Drugs Act and all outstanding warrants and charges for every individual who may come into direct contract with youth or who are permitted entrance to private or restricted areas or residences. This will be done at no cost to the Municipality and any such requested document will be submitted to the Municipality in its true form in advance of commencement of work. The Municipal issued identification card must be worn when individuals are at a site where there is direct contact with youth or where access to any private or restricted area is anticipated. The Municipal identification card is valid for the term of the contract only or a one year term, whichever comes first. Under the terms of the contract, the Municipality has the sole and unfettered discretion to prohibit an individual from coming into direct contact with youth or entering a private or restricted area on a regular basis and to terminate the contract if the bidder/partner fails to obtain or renew the Municipal identification cards according to Municipal policy and procedure. The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately and unilaterally and without penalty to the Municipality should the service provider fail to provide the required documentation or otherwise adhere to this procedure. ''The Chief Administrative Officer has the final say in determining any final action." I I I I I I I I I I I I I I I I I I I Page 16 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "C" CONTRACTOR SAFETY POLICY AND PROCEDURE POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constnuctor's responsibility to ensure that: . the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the oroiect; . every employer and every worker performing work on the proiect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and . where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Confractor - any individual or firm engaged by the Municipality to do work on behalf of the Municipality Project - means a construction project, whether public or private, including: . the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, nunway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof; . the moving of a building or structure; and any work or undertaking, or any lands or appurtenances used in connection with constnuction. Construction - includes erection, alteration, repair, dismantling, demolition, stnuctural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. Constructor - means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project himself or by more than one employer. Project Manager - means the municipal management representative who has responsibility for a contract. I I I I I I I I I I I I I I I I I I I Page 17 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE"C" CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: PROCEDURE: The following items are required before any Contractors are hired by the Municipality: a) Before beginning a project, the project manager or designate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or designate must include, as part of the request for Tender, a copy of the above mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. c) The request for Tender will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, the contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors' safety perfomnance records. e) As part of the Tender conditions, before award of a contract, the contractor must provide details of their Health and Safety program. f) The project manager or designate, if necessary, will provide the successful contractor with a workplace orientation which will include, but not be limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. g) Before the start of the assignment the following documentation will be provided to the successful contractor, by the project manager or delegate: i) copies of the Municipal Corporate Health and Safety Program Ii) departmental health and safety policies iii) workplace procedures regarding health and safety practices h) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. i) The Municipality will retain the right to document contractors for all health and safety wamings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). j) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. I I I I I I I I I I I I I I I I I I I Page 18 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "C" CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: PROCEDURE: k) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. I) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. I I I I I I I I I I I I I I I I I I I Page 19 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "C" CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: Section "AU HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety Insurance Board (WSIB) information noted below, where applicable. . The New Experimental Experience Rating (NEER) The WSIB experience rating system for non-construction rate groups. The Council Amended Draft #7 (CAD-7) Rating The WSI B experience rating system for construction rate groups. - See Attachment . Injury frequency performance for the last two years This may be available from the contracto~s trade association. - See Attachment Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). none . Confirmation of Independent Operator Status - The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission). I I I I I I I I I I I I I I I I I I I Page 20 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE"C" CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific polices and procedures and other applicable legislation or regulations. l/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees: a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the "Act"); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contracllTender, the contractor/successful tender shall: a) act safely and comply in all respects to the Act, and b) ensure that its employees, its subcontractors and their employees act safely and comply with all aspects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on the site at any time or times for the purpose of inspection to determine compliance with this contract/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality: a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and c) from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. I I I I I I I I I I I I I I I I I I I Page 21 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "C" CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: CONTRACTOR ACCEPTANCE Schedule "C" Contractor Safety - Policy Procedures, Health & Safety Practice, Pages 16 - 23 have been reviewed and accepted by the contractor. Road Savers 2000 Ltd. Contractor Doualas S. McNichol Name of Person Signing for Contractor Mav 12. 2008 Si Date I I I I I I I I I I I I I I I I I I I Page 22 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE "C" CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: Section "B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER The purpose of this form is to: (Issuer to check one of the following) o Provide warning to the contractor to immediately discontinue the unsafe work practices, if it affects our workplace, described below. o Direct the contractor to immediately cease all work being perfomned under this contract due to the unsafe work practice described below. FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF CONTRACT. PART "Au - DETAILS OF CONTRACT CONTRACTOR/P.O. # DESCRIPTION: NAME OF FIRM: I Page 23 of 34 Tender CL 2008-20 I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE I ROUT AND SEAL CRACK REPAIR SCHEDULE"C" CONTRACTOR SAFETY (continued) I POLICY AND PROCEDURE: I PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) DATE AND TIME OF INFRACTION I DESCRIPTION OF INFRACTION, INCLUDING LOCATION I I ORDER GIVEN BY MUNICIPALITY: I DID THE CONTRACTOR COMPLY WITH THIS ORDER? I DATE AND TIME OF COMPLIANCE: . ISSUED TO: I CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE DEPARTMENT TITLE . PART "C" - ADDITIONAL COMMENTS I THIS SECTION TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT I TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. . I . . I I I I I I I I I I I I I I I I I I I Page 24 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE (D) SPECIFICATIONS Note: The owner reserves the right to increase or decrease contract quantities as necessary to meet the constraints of available budget without any additional compensation or credit for the quantity changes. ROUT AND SEAL CRACK TREATMENT -ITEM NO.1 Reference: OPSS 341 & 1212 1. General This specification covers the work of routing and cleaning cracks up to 20 mm in width in hot mix asphalt pavements and then sealing with hot-poured rubberized sealant compound. The cracks to be repaired shall be designated by the Contract Administrator as the work progresses and may be altered or varied at the discretion of the Contract Administrator. The Contractor must attempt to locate and notify the owners of vehicles parked on the road or adjacent to road edge at driveways, and ask that the vehicles be moved so that they are not impacted by the crack sealing operation. Should the vehicles not be moved, the Contractor will be responsible for protecting vehicles from damage or payment of repair costs, should vehicles be damaged by the Contractor's operations. 2. Material Crack sealing material shall be hot-poured rubberized sealant conforming to OPSS 341 and OPSS 1212 and in compliance with ASTM designation 06690. Hot-poured rubberized sealant compound shall be obtained from a supplier listed on the Ministry of Transportation Designated Sources for Materials. Quality assurance test results on the rubberized sealant shall be forwarded to the Contract Administrator a minimum of one week before commencement of work. Samples of the material, for quality assurance testing, shall be taken by the Contract Administrator, as the work progresses, at the sole discretion of the Contract Administrator. Weekly samples for quality control testing shall be taken by the Contractor and results shall be forwarded to the Contract Administrator for compliance verification. Shipments of crack sealing material represented by the sample which fail in any respect to meet the requirements, as specified, may be rejected, and if rejected shall be removed from the site of the work. 3. Eauipment Heating Kettle: The heating kettle for joint sealant compound shall meet the requirements of the Ontario Fuel Safety Branch, Ministry of Consumer and Commercial Relations. I I I I I I I I I I I I I I I I I I I Page 25 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE (D) SPECIFICATIONS (continued) 4. Construction The removal and disposal of all dust and debris resulting from any operation on this contract shall take place immediately after the routing and sealing operation has been completed. Crack Routing: Cracks up to 20 mm in width shall be routed following meandering cracks, keeping the rout centreline within approximately 8 mm of the centre of the crack, and providing a rout width of 40 mm to 45 mm and a depth of 6 mm to 8 mm in a single pass. The Contractor shall demonstrate the ability to meet these tolerances. All subsequent routing shall be within these tolerances. Placing Sealant: The sealant compound shall be placed using either a manual pouring cone filled from a spigot located on the heating kettle itself, or by using a hose and wand fitted with proper size tip that allows the sealant to be pumped directly from the heating kettle into the routed crack. The tip of the cone or wand shall be placed to the bottom of the crack to ensure uniform application. Sweeping: The use of a mechanical sweeper will be required on urban roads to clean the road surface in order to remove millings from the road surface that may result from the crack routing operation. Sweeping will be required to be conducted within one to two days of the crack routing and sealing operation. The use of the mechanical sweeper will not be required on two lane rural roads, but may be required on wider rural pavement widths (i.e. three lane, four lane or greater). 5. Measurement for Pavment Measurement for payment shall be measured in linear metres along the routed and sealed crack, as determined by the Contract Administrator. Measurement shall be made using a metering wheel. 6. Basis of Pavment The bid unit price for this Item shall include compensation in full for the mobilization/demobilization, traveling between site locations, Traffic Control and supply of all labour, equipment and material required to conduct all aspects of work relating to the crack treatment operations including mechanical sweeping where required. No additional payment will be made for sealant which flows down into the crack below the rout. 7. Site Location: The location for works for this contract is scattered throughout the Municipality, but the majority of the work is in Courtice, Bowmanville, Newcastle and Orono. All sites are identified on Maps NO.1 and 2. I I I I I I I I I I I I I I I I I I I Page 26 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE (D) SPECIFICATIONS (continued) ROUT AND SEAL CRACK REPAIR _ si,'.."ii,. ~.Roaa(J\Iltme T..'YI.':" . Comm!t1'!ItY; From. . .', .. .... . . . .." Newcastle ArthurSt Highway 2 CPR Crossing 285 Newcastle Andrew St ArthurSt McAuliffe St 828 Newcastle Challenger Ct McAuliffe St West End Cul-de-Sac 120 Newcastle McAuliffe St Andrew St Resnik Dr 96 Newcastle Resnik Dr Arthur St Andrew St 408 Newcastle McNair St Resnik Dr Andrew St 180 Newcastle RemiCt Grady Dr West End Cul-de-Sac 240 Newcastle North St Grady Dr WilmotSt 312 Newcastle Massey Dr Foster Creek Dr King Av W 120 Newcastle Foster Creek Dr Edward St Massey Dr 224 Newcastle Foster Creek Dr. Massey Dr Edward St 512 Newcastle Lillian Cres Foster Creek Dr Foster Creek Dr 240 Newcastle Rudell Rd Sunset Blvd Highway 2 480 Newcastle Stanford Cres Edward St Foster Creek Dr 560 Newcastle Edward St Rudell Rd Coulson Ct 160 Newcastle Edward St Coulson Ct Baldwin St 400 Newcastle Chester Lane Hart Blvd Edward St 176 Newcastle Hart Blvd Rudell Rd Chester Ln 640 Newcastle HartCt Chester Ln East End Cul-de-Sac 80 Newcastle Vincent Ct Hart Blvd North End Cul-de-Sac 240 Newcastle Raymond Cl. Hart Blvd North End Cul-de-Sac 120 Newcastle Snowden Ct Edward St South End Cul-de-Sac 32 Newcastle Doncaster Ct Edward St Edward St 160 Newcastle Coulsen Ct Edward St North End Cul-de-Sac 40 Newcastle Rutherford Dr Edward St Foster Creek Dr 212 Newcastle Grady Dr Manvers Rd RemiCt 72 Bowmanville Concession St Mann St Mearns Av 480 Bowmanville Concession St Mearns Av Soper Creek Dr 360 Bowmanville Concession St E Providence Rd Bragg Rd 2298.8 Bowmanville Concession St E Bragg Rd Darlington Clarke Townline 2307.2 Bowmanville Cone Rd 3 Pollard Rd 300m East of Pollard 840 Bowmanville Soper Creek Dr Mearns Av Downham Dr 220 Bowmanville Soper Creek Dr Mearns Av Downham Dr 220 Bowmanville Downham Dr McFeeters Cr Soper Creek Dr 136 Bowmanville Barley Mill Cr Soper Creek Dr Soper Creek Dr 200 Bowmanville Souch Ct Soper Creek Dr North End Cul-de-Sac 112 I I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Page 27 of 34 Tender CL 2008-20 ROUT AND SEAL CRACK REPAIR SCHEDULE (D) SPECIFICATIONS (continued) ROUT AND SEAL CRACK REPAIR CommA'n1W. . Road Name From .]9 i\'. ...... A'p....~~&W~) _ -.<- ..~,if-.i;:.~S:.:_:':_:.; .. 1",,,," -,:R}"~;-B<"'1~;;' ,.,~~l;:'J.' Bowmanville Clinton Ct Soper Creek Dr North End Cul-de-Sac 104 Bowmanville Hendry Gate Trudeau Dr Concession St 120 Bowmanville OrrCt Trudeau Dr East End Cul-de-Sac 96 Bowmanville Trudeau Dr Concession St 420m S of Concession St 288 Bowmanville Trudeau Dr 420m S of Concession St Marchwood Cr 300 Bowmanville Trudeau Dr Trudeau Dr Marchwood Cr 300 Bowmanville Temperance St King St Church St 132 Bowmanville Marchwood Cr 200m W of Trudeau Dr Trudeau Dr 200 Bowmanville Aspen Springs Dr Martin Rd West End 600 Courtice Valley Crest Dr Centrefield Dr Nash Rd 800 Courtice Bellview Ct Valley Crest Dr North End Cul-de-Sac 200 Courtice Centrefield Dr Highway 2 Nash Rd 600 Courtice Briar Hill Gate Cherry Blossom Cr Centerfield Dr 200 Courtice Cherry Blossom Cr Nash Rd Briar Hill Gate 800 Courtice Cherry Blossom Cr Briar Hill Gate Cherry Blossom Cr 400 Courtice Dale Park Dr Cherry Blossom Cr West End (20 m W Drwy #5\ 100 Courtice Dale Park Dr Varcoe Rd East End Temporary Cul- de-Sac 200 Courtice Varcoe Rd Highway 2 Nash Rd 600 Courtice BridleCt Varcoe Rd West End Cul-de-Sac 400 Courtice Darlington Blvd Highway 2 South End (Drwy #60) 960 Newcastle Fire Station NO.2 247 King Avenue East 492 Orono Fire Station NO.3 5708 Main Street 1148 Bowmanville Rickard Center North of RR57 & HWY 2 Intersection 1200 Newcastle Beacham Cres at House No. 54 9 Newcastle Beacham Cres at House No. 50/52 5 Newcastle Beacham Cres at House No. 56/58 5 Newcastle Rosemeadow Cres at HN 30 Carveth Cres 9 Newcastle Port of Newcastle Dr at Manholes south of Catherwood Lane 8 Bowmanville Guildwood Dr at House NO.2 10 Bowmanville Guildwood Dr at House No. 98 10 Bowmanville Sprucewood Cres at House No.2 10 Bowmanville Lownie Court at House No. 90 9 Bowmanville Budd Lane at Midpoint 12 1'..-~j(QtC)..~.t;lua'iltlwrt'-- . . .'.lf~~~ Note: Quantities indicated at the respective location are an estimate and the Contractor agrees that the actual quantities will vary from those indicated. The Municipality reserves the right to add or delete crack treatment quantity and locations as deemed to be advantageous to the Municipality. The Contractor agrees that he shall be paid for the quantity of crack sealing successfully performed and that he shall not be entitled to any compensation should the actual quantity be less than the tendered quantity. There is no guarantee that the Roads designated for crack sealing will be located within anyone specific area of the municipality. The Contractor must be prepared to deploy his operation anywhere within the municipality. The Contractor must take this into consideration when pricing the work. I I I I I I I I I I I I I I I I I <n .. "" '" @ I w ~ => Q W % <> <n I ~ i ~ ~ ~ H f ~ j I · "<if!! . '. :'l:~) \\1 ~\ i I I ....,......" d ~ ~ ~ g ~ ~ j i ~ . i ! .. tj !I Ii la )~\ ! 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"'...... ...... , .__.,_..........,.....~-.';:;~..~;i:~~ I Page 29 of 34 Tender CL 2008-20 I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE I ROUT AND SEAL CRACK REPAIR SCHEDULE (F) I TENDER FORM Sealed Tenders for goods and/or services listed below. submitted on the forms and in the envelope provided, will be received by the office of the Clerk, Corporation of the Municipality of Clarington, 40 Temperance St, Bowmanville, Ontario, L 1C 3A6, until the closing time and date indicated hereon. I CLOSING TIME AND DATE (Local Time): 2:00:00 P.M. (local time), MAY 14, 2008 REF.lPURCHASING MANAGER: Jerry Barber. . . . . . .. ...................... Phone (905) 623-3379 Tender No: CL2008-20 . . . . . . . . . . . . . . . . . . . . . Date: April 30. 2008 I Tenders are invited for the following goods/services and/or projects specified herein and associated documents, plans and specifications. Complete in full, all blanks where provided and return one copy and/or set in the envelope provided. Bid deposits and/or agreement to bond, if required, must accompany tender submission under same cover and envelope. All tenders must comply in accordance with regulations, terms and condmons setforth in all tender documents. Successful tenders must accept terms and conditions of subsequent official purchase order issued by the Corporation of the Municipality of Clarington unless otherwise stipulated. The lowest or any tender not necessarily accepted. Tenders must comply and conform to all regulations, terms conditions and instructions specified in By-law #2006-127 of the Corporation of the Municipality of Clarington. I I -~~--,-- , QUANTITY i DESCRIPTION UNIT PRICE EXTENDED PRICES I Prices tendered shall be payable in Canadian Funds, F.O.S. destination, unless otherwise indicated. Ontario Retail Sales tax and the Federal Goods and Services Tax, if applicable, shall be quoted as a separate item. I ~._-~_._---- --- ...-----..--,-- .--.-- -----: INYe hereby agree to supply all necessary labour, materials, equipment, preparation and supervision to complete this contract, as per all terms, conditions and specifications setforth herein for the prices bid as follows: 24,218 m --~EM~O. 1 --;out and Seal Cracks in Hot Mix --l $ 1.54 Asphalt i I I 1 i $ 1.864.79 I P.S.T. to be included in above price !. $ 37.295.72 I I i I i $ 39.160.51 i I I G.S.T. TOTAL BID PRICE I IMPORTANT: I/We the undersigned do herewith acknowledge receipt of addenda number _ to _ issued during tihe bidding eriod and have~red the bid accordin9ly. GUARANTEED DELIVERY OR COMPLETION CASH DISCOUNT , DAT,=- UPON RECEIPT OF OFFICIAL ORDER..July 25,2008. AND TERMS.......2% -15 days........... ORIGIN OF GOODS: GOODS TO BE SHIPPED CITY & COUNTRY ........Canada..../..Toronto........ FROM CITY & COUNTRY...Canada../.Toronto The undersigned. bidderagreeSlo sUPply and deliver allgoodsandlOr services fo,"pnce(s) bid, to tile Corporation of the Municipality of Clarington conforming to all terms and conditions setforth herein. A successful bidder must conform to all terms & conditions setforth on the official purchase order subsequently issued upon award, unless otherwise indicated by the Corporation of the Municipality of Clarington. I I I FIRM NAME: (Bidder). Road Savers 2000 Ltd. ADDRESS & POSTAL CODE: 43 Racine Road Toronto, Ontario M9W 2Z4 TELEPHONE NUMBER: 416-746-2900 ~ I Dou las S. McNichol. President DATE I FAX NUMBER: 416-746-7075 GST REGISTRATION NUMBER 885897397 Ma 12, 2008 I II I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Page 30 of 34 Tender Cl 2008-20 ROUT AND SEAL CRACK REPAIR SCHEDULE (G) TENDER FORM AGREEMENT TO BOND Ito be comoleted by Bondina Comoany) CONTRACT NO. CL2008- 20 Bond No.: HS8006287-26 WE, the Undersigned, HEREBY AGREE to become bound as Surety for Road Savers 2000 ltd. in a Performance Bond totaling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a labour and Material Payment Bond totaling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No.Cl2008- 20 is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT North York this 12'" day of May 2008 The Guarantee Comoany of North America Name of Bonding Company D. R Kearns Signature of Authorized Person Signing for Bonding Company (BONDING COMPANY SEAL) AttorneY-in-Fact Position (This Form shall be completed and attached to the Tender Submitted). I I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Page 31 of 34 Tender CL 2008-20 ROUT AND SEAL CRACK REPAIR SCHEDULE (H) INFORMATION SHEET BIDDER'S REFERENCES Year 2007 Description of Contract Crack Sealina Name of Organization Town of Markham Contact Person Wilma DeSouza Telephone Number 905-475-4877 Value of Contract $55.000.00 Year 2007 Description of Contract Crack Sealina Name of Organization County of Peterborouah Contact Person Dave Carswell Telephone Number 705-742-4862 Value of Contract $50.000.00 Please provide detail as to bidder's financial responsibility. (banker, etc.), references. auditor's name and address, etc., Bank of Montreal Ian Leaaett 155 Rexdale Boulevard Commercial Account Manaaer Etobicoke. ON M9W 5Z8 Insurance Coveraae {CGU # BND 2526 Insurance Companv Dominion of Canada General Insurance Co. WSIB Clearance Certificate # 622989 I I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Page 32 of 34 Tender CL 2008-20 ROUT AND SEAL CRACK REPAIR SCHEDULE (HI CONTINUED NOTICE OF "NO BID" IMPORTANT - PLEASE READ THIS CLOSING DATE MAY 14, 2008 It is important to the Municipality to receive a reply from all invited bidders. There is no obligation to submit a Tender, however, should you choose not to bid, completion of this form will assist the Municipaiity in determining the type of goods or services you are interested in bidding on in the future. INSTRUCTIONS If you are unable, or do not wish to bid on this Tender please complete the following portion of this form. State your reason for not bidding by checking yes or no in the applicabie line or by explaining briefly in the space provided. It is not necessary to return any other Tender documents. Just return this completed form in the enclosed Tender envelope prior to the official closing time and date. 1. We do not manufacture/supply this commodity 2. We do not manufacture/supply to this specification 3. Unable to quote competitively 4. Cannot handle due to present plant loading 5 Quantity/job too large 6. Quantity/job too small 7. Cannot meet delivery/completion requirements 8. Agreements with distributors/dealers do not permit us to sell directly 9. Licensing restrictions Yes/No Other reasons or additional comments: Do you wish to bid on these goods/services in the future? Yes/No For Municipality Use Only Do Not Write In This Space Company Name: Address: Telephone: Position: I I I I I I I I I I I I I I I I I I I Page 33 of 34 Tender CL 2008-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE ROUT AND SEAL CRACK REPAIR SCHEDULE (I) FAX COVER PAGE QUESTIONS FOR CLARIFICATION To: Jerry D. Barber, C.P.P.O. Purchasing Manager The Municipality Of Cia ring ton Purchasing Office 40 Temperance Street Bowmanville, Ontario L 1C 3A6 DATE: TIME: FAX NUMBER: (905) 623-3330 From: Company Name: Contact Name: Telephone: Fax: Reference to Section on Page Number of this Proposal. Question: Total Number of Pages including cover II I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Page 34 of 34 Tender CL 2008-20 ROUT AND SEAL CRACK REPAIR SCHEDULE (J) PLEASE FIRMLY AFFIX THIS ADDRESS LABEL TO THE ENVELOPE CONTAINING YOUR SUBMISSION FOR SUBMITTING BY MAIL OR COURIER. --------------------------------------------------ClJt I1ElrEl-----------------------___________________________ TENDER ENVELOPE RETURN NAME OF TENDERER: NAME........ .... ADDRESS...... .. .......................... .......... .................. TELEPHONE....... .... CORPORATION OF THE MUNICIPALITY OF CLARINGTON OFFICE OF THE CLERK 40 TEMPERANCE ST. BOWMANVILLE, ONTARIO L 1 C 3AG TENDER NUMBER ... ......... ............ .... SPECIFICATION ....................... ......... CLOSING TIME & DATE............. ..... SEALED BID --------------------------------------------------ClJt I1ElrEl---------------------------_______________________ Note: Should you decide to use your own return envelope in lieu of the label provided above, the front of your envelope must indicate ALL of the information shown on the above label. The Municipality of Clarington cannot be held responsible for documents submitted in envelopes that are not labeled in accordance with the above instructions. If you have any questions, feel free to contact Purchasing at 905-623-3379.